29 Aug 2008
CRAIG & ANOR V PHRUDAN HOLDINGS LIMITED HC AK CIV 2005-404-1935
- Citation
- openlaw-21904325_5777_479e_8333_ad90675f4171.pdf
- Court
- High Court
The strike out application was dismissed: inadvertent misdescription by counsel did not amount to an abuse of process warranting strike out; receivers may, with the liquidators' consent, continue enforcement proceedings post-liquidation where they have a genuine commercial interest; the arrangement to fund enforcement and share proceeds was not champertous and is within the liquidators' powers subject to statutory distribution priorities.
- Strike out
- Maintenance and champerty
- Authority of receivers to sue post-liquidation
- Powers of liquidator
- Agency and consent to continue proceedings
- Enforcement of judgment